[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)]
[Proposed Rules]
[Pages 19195-19196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09323]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R02-OAR-2017- 0712; FRL-9977-55--Region 2]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; United States Virgin Islands; Commercial and 
Industrial Solid Waste Incineration Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to approve 
the Clean Air Act (CAA) section 111(d)/129 negative declaration for the 
United States Virgin Islands, for Commercial and Industrial Solid Waste 
Incineration (CISWI) units. This negative declaration certifies that 
CISWI units subject to sections 111(d) and 129 of the CAA do not exist 
within the jurisdiction of the United States Virgin Islands. The EPA is 
accepting the negative declaration in accordance with the requirements 
of the CAA.

DATES: Comments must be received on or before June 1, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
OAR-2017-0712, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make.
    The EPA will generally not consider comments or comment contents 
located outside of the primary submission (i.e., on the web, cloud, or 
other file sharing system). For additional submission methods, the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Edward J. Linky, Environmental 
Protection Agency, Air Programs Branch, 290 Broadway, New York, New 
York 10007-1866 at 212-637-3764 or by email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to the EPA. This section provides additional information 
by addressing the following:

I. Background
II. Analysis of State Submittal
III. Statutory and Executive Order Reviews

I. Background

    The Clean Air Act (CAA) requires that state \1\ regulatory agencies 
implement the emission guidelines and compliance times using a state 
plan developed under sections 111(d) and 129 of the CAA.
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    \1\ Section 302(d) of the CAA includes the United States Virgin 
Islands in the definition of the term ``State.''
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    The general provisions for the submittal and approval of state 
plans are codified in 40 CFR part 60, subpart B and 40 CFR part 62, 
subpart A. Section 111(d) establishes general requirements and 
procedures on state plan submittals for the control of designated 
pollutants. Section 129 requires emission guidelines to be promulgated 
for all categories of solid waste incineration units, including 
commercial and industrial solid waste incineration (CISWI) units. A 
CISWI unit is defined, in general, as ``any distinct operating unit of 
any commercial or industrial facility that combusts, or has combusted 
in the preceding 6 months, any solid waste as that term is defined at 
40 CFR 241.'' See 40 CFR 60.2875. Section 129 mandates that all plan 
requirements be at least as protective as the promulgated emission 
guidelines. This includes fixed final compliance dates, fixed 
compliance schedules, and Title V permitting requirements for all 
affected sources. Section 129 also requires that state plans be 
submitted to EPA within one year after EPA's promulgation of the 
emission guidelines and compliance times.
    States have options other than submitting a state plan in order to 
fulfill their obligations under CAA sections 111(d) and 129. If a state 
does not have any existing CISWI units for the relevant emission 
guidelines, a letter can be submitted certifying that no such units 
exist within the state (i.e., negative declaration) in lieu of a state 
plan. The negative declaration exempts the state from the requirements 
of subpart B that would otherwise require the submittal of a CAA 
section 111(d)/129 plan.
    On March 21, 2011 (76 FR 15704), the EPA established emission 
guidelines and compliance times for existing

[[Page 19196]]

CISWI units (New Source Performance Standards (NSPS) and Emission 
Guidelines (EG)). The emission guidelines and compliance times are 
codified at 40 CFR 60, Subpart DDDD. Following promulgation of the 2011 
CISWI rule, EPA received petitions for reconsideration requesting to 
reconsider numerous provisions in the 2011 CISWI rule. EPA granted 
reconsiderations on specific issues and promulgated a CISWI 
reconsideration rule on February 7, 2013. 78 FR 9112. EPA again 
received petitions to further reconsider certain provisions of the 2013 
NSPS and EG for CISWI units. On January 21, 2015 EPA granted 
reconsideration of four specific issues and finalized reconsideration 
of the CISWI NSPS and EG on June 23, 2016 (81 FR 40956).
    In order to fulfill obligations under CAA sections 111(d) and 129, 
the Department of Planning and Natural Resources of the Government of 
the United States Virgin Islands submitted a negative declaration 
letter to the EPA on August 17, 2016. The submittal of this declaration 
exempts the United States Virgin Islands from the requirement to submit 
a state plan for existing CISWI units.

II. Analysis of State Submittal

    In this proposed rule the EPA proposes to amend 40 CFR part 62 to 
reflect receipt of the negative declaration letter from the United 
States Virgin Islands, certifying that there are no existing CISWI 
units subject to 40 CFR part 60, subpart DDDD, in accordance with 
section 111(d) of the CAA.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a 111(d)/
129 plan submission that complies with the provisions of the Act and 
applicable Federal regulations. 40 CFR 62.04. Thus, in reviewing 
111(d)/129 plan submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA.
    Accordingly, this action, if finalized, would merely approve state 
law as meeting Federal requirements and would not impose additional 
requirements beyond those imposed by state law.
    For that reason, this action, if finalized:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993); and 13563 (76 FR 3821, January 
21, 2011);
     Is not an Executive Order 13771 regulatory action because 
this action is not significant under Executive Order 12866.
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed approval does not have tribal 
implications as specified by Executive Order 13175 because the United 
States Virgin Islands' section 111(d)/129 submittal is not approved to 
apply in Indian country located in the in the United States Virgin 
Islands and, if finalized, would not impose substantial direct costs on 
tribal governments or preempt tribal law. Thus, Executive Order 13175 
does not apply to this proposed approval.

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Commercial and industrial solid waste 
incineration units, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: April 19, 2018.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2018-09323 Filed 5-1-18; 8:45 am]
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